Former Minnesota principal’s claims of retaliation over LGBTQ advocacy are dismissed

A federal judge ruled this week that a middle school principal being an ally for LGBTQ rights does not mean she gets the legal protections of someone in a marginalized group.

U.S. District Court Judge Patrick J. Schiltz on Wednesday dismissed a lawsuit filed by Mary Kay Thomas against the school board of Marshall, Minn.

Thomas, formerly a principal in the Marshall school system, sued in 2021 after she said she had been discriminated against because she advocated on behalf of LGBTQ students. She said she faced opposition after ordering a Pride flag hung on the walls of the school cafeteria, and after she helped students establish a Gay‐Straight Alliance.

Schiltz, in his judgment, accepted that Thomas, after her advocacy, was disciplined via suspension, asked to resign and eventually assigned to an administrative position — created just for her — in a small, windowless office.

However, Thomas, as a “straight, cisgender woman,” falls outside of the categories protected by Title VII of the Civil Rights Act, Schiltz argued. Title VII protects employment discrimination based on race, color, religion, sex and national origin.

“Thomas was discriminated against because of what she advocated, not because of her sex — because of what she said, not because of who she is,” he wrote in his judgment.

He also said that Thomas could not provide an example of a specific instance of anti-LGBTQ discrimination. Her advocacy against bigotry present in broader society was not protected by Title IX of the Civil Rights Act. Title IX aims to prevent discrimination in education, the judge said.

Jeremy Williams, school superintendent for Marshall, welcomed the court’s decision, calling it “well-reasoned” in an emailed statement.

“Marshall Public Schools is ready to close the chapter on this prolonged and costly unjustified litigation,” said Williams, who was named in the lawsuit.

Schiltz dismissed Thomas’ federal claims with prejudice.

Thomas and her legal team are now evaluating whether to appeal or file a claim in state court, David Schlesinger, a lawyer for Thomas, said in an email Friday.

“The Court’s order did not end the case,” Schlesinger said.

Thomas also claimed she had been harassed by a school board member and former principal. Prior to becoming the middle school principal, Thomas was a middle school teacher for 12 years.